[2023] KEHC 26026 (KLR)
The court found that the administrators failed to comply with Section 83 of the Law of Succession Act by not filing a true and accurate account of the distribution of the estate. Additionally, the registration of the entire property in the administrators' names to the exclusion of other beneficiaries, including...
Source-derived case information.
- Citation
- [2023] KEHC 26026 (KLR)
- Parties
- Applicant: Margaret Achieng Shombe; Applicant: Maxwel Omondi Shombe
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 439 of 2007
- Procedural Posture
- Succession Cause / Ruling on Status of Grant and Estate Administration
- Outcome
- Grant declared inoperative and useless; file closed; family to petition afresh before Chief Magistrate’s court.
- Judges
- RE Aburili
- Legal Topics
- Succession of Estates, Grant of Letters of Administration, Distribution of Estate, Duties of Administrators
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Achieng Shombe
Applicant
Maxwel Omondi Shombe
Applicant
Procedural Posture
Succession Cause / Ruling on Status of Grant and Estate Administration
Legal Issues
- 1 Whether the administrators complied with statutory duties to provide a true and accurate account of the estate distribution.
- 2 Whether the confirmed grant remains operative and effective given the lapse of time and lack of full distribution.
- 3 Whether the property was properly distributed among all beneficiaries, including minors.
Ratio Decidendi
The court found that the administrators failed to comply with Section 83 of the Law of Succession Act by not filing a true and accurate account of the distribution of the estate. Additionally, the registration of the entire property in the administrators' names to the exclusion of other beneficiaries, including minors, was erroneous. Due to the lapse of time and absence of evidence of full distribution, the grant issued and confirmed in 2007 and 2008 respectively was declared inoperative and useless. The court directed the family to petition for a fresh grant before the Chief Magistrate’s court, given the value of the estate, and ordered the closure of the file.
Court Disposition
Grant declared inoperative and useless; file closed; family to petition afresh before Chief Magistrate’s court.
Orders
- The grant issued on 3rd September 2007 and confirmed on 4th April 2008 is declared inoperative and useless.
- The family is directed to petition for a fresh grant before the Chief Magistrate’s court.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Thomas Shombe Miyawa (Deceased) (Succession Cause 439 of 2007) [2023] KEHC 26026 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26026 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 439 of 2007
RE Aburili, J
November 30, 2023
IN THE MATTER OF THE ESTATE OF THOMAS SHOMBE MIYAWA – DECEASED AND IN THE MATTER OF AN APPLICATION BY MARGARET ACHIENG SHOMBE & MAXWEL OMONDI SHOMBE - PETITIONER
Ruling
1. This Succession Cause was filed in 2007. A grant was issued on 3rd September 2007 to Margaret Achieng Shombe and Maxwel Omondi Shombe as administrators of the estate of the late Thomas Shombe Miyawa.
2. There were minor children of the deceased.
3. On 4th April 2008, the grant was confirmed and from the record, part of the estate was distributed, being money held in Standard Chartered Bank as per the letter of 4th April 2008.
4. The Administrators have never filed into court a true and accurate account of the distribution of the estate as required under Section 83 of the Law of Succession Act.
5. In addition, the property land parcel No. Kisumu/Korando/1995 was to be registered in the administrator’s names as whole meaning they were to be the sole owners which is erroneous because there are other beneficiaries of the estate and therefore there ought to have been a distribution to each one of them, and in the case of minors, the administrators would hold the shares of minors in trust for the minors.
6. In the absence of evidence of full distribution of the estate of the deceased and due to lapse of time, I find the grant which was issued on 3rd September 2007 and confirmed on 4th April 2008 inoperative and useless.
7. The family to petition for a fresh grant before the Chief Magistrate’s court which has jurisdiction over the matter as the estates value is unlikely to exceed Kshs.20,000,000/=.
8. This file is closed and shall not be opened.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE